Act of Parliament · As enacted
Children and Young Persons (Amendment) Act 2022
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
This Act may be cited as the Children and Young
Persons (Amendment) Act, No. 39 of 2022.
The provisions of this Act other than this section shall come into operation on such date as the Minister may by Order published in the Gazette appoint.
Different dates may be appointed for bringing into operation of different provisions of this Act.
The provisions of this section shall come into operation on the date on which this Bill becomes an Act of
Parliament.
In the Children and Young Persons Ordinance
(Chapter 23) (hereinafter referred to as the “principal enactment”) there shall be substituted–
for the words “Children and Young Persons
Ordinance”, the words “Children’s Ordinance”;
for the words “children and young persons”, the word
“children”;
for the words “child or young person”, the word
“child”; and
for the words “age of sixteen years”, the words “age of eighteen years”, wherever such words appear in the principal enactment.
In any other written law, there shall be substituted for the words “Children and Young Persons Ordinance”,
“children and young persons” and “child or young person”, the words “Children’s Ordinance”, “children” and “child”, respectively, wherever those words occur in relation to the principal enactment.
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Every reference to “Children and Young Persons
Ordinance”, “children and young persons”, “child or young person” and “age of sixteen years” in any regulation or rule made under the principal enactment or notice, notification, contract, communication or other document issued under the principal enactment shall be read and construed as a reference respectively, to “Children’s Ordinance”,
“children”, “child” and “age of eighteen years”.
s 3Amendment of section 9 of the principal enactment
Section 9 of the principal enactment is hereby amended as follows:–
by the repeal of subsection (3) of that section; and
in subsection (4) of that section-
by the substitution, for the words “Where a young person is brought”, of the words “Where a child who is above the age of fourteen years is brought”; and
by the substitution, for the words “the young person”, of the words “such child”, wherever those words appear in that subsection.
s 4Amendment of section 13 of the principal enactment
Section 13 of the principal enactment is hereby amended in the marginal note to that section, by the substitution for the words “children and young offenders”, of the word “children”.
s 5Amendment of section 15 of the principal enactment
Section 15 of the principal enactment is hereby amended as follows:–
in subsection (1) of that section-
by the substitution for the words “in due course of law:” of the words “in due course.”; and
by the repeal of the proviso to that subsection;
and
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by the substitution, in subsection (2) of that section, for the words “in the case of a young person” and
“the young person may be committed to prison.”, of the words “in the case of a child who is above the age of sixteen years” and “such child who is above the age of sixteen years shall be placed in a remand home”, respectively.
s 6Amendment of sub-heading of Part II of the principal enactment
The sub-heading appearing immediately before section 22 of Part II of the principal enactment is hereby repealed and the following sub-heading is substituted therefor:–
“CHILD OFFENDERS”.
s 7Replacement of section 23 of the principal enactment
Section 23 of the principal enactment is hereby repealed and the following section is substituted therefor: -
23. (1) A child shall not be ordered to be imprisoned for any offence or be committed to prison in default of payment of a fine.
In the case of a child who has attained the age of sixteen years or above, where the probation officer is of the opinion that such child is so unruly a character and cannot be detained in a remand home or certified school or if such child is of so depraved a character that such child is not a fit person to be so detained, the court shall direct the probation officer to cause a psychological assessment to be made of such child by the medical experts and report to court.
Where the report of a psychological assessment referred to in subsection (2)
confirms that the child is not fit to be detained in a remand home, the court shall order such child to be detained in a training school for
“Restrictions o n punishment of children.
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youthful offenders, notwithstanding the provisions relating to age and the period of detention specified in the Youthful Offenders
(Training Schools) Ordinance (Chapter 25).”.
s 8Amendment of section 24 of the principal enactment
Section 24 of the principal enactment is hereby amended as follows:-
by the repeal of subsection (1) of that section and the substitution therefor of the following subsection:-
“(1) Where in lieu of sentence of death, a sentence of detention has been passed by any court under section 53 of the Penal Code in respect of a person who is under the age of eighteen years at the time of the commission of an offence by such person, the court may order such person to be detained in a remand home for such period as may be specified in the sentence.”; and
by the repeal of subsection (3) of that section and the substitution therefor of the following subsection:-
“(3) A person detained pursuant to an order made by a court under section 53 of the Penal Code as referred to in subsection (1) or a direction made by the Minister under subsection (2) shall, while so detained be deemed to be in legal custody.”.
s 9Amendment of section 25 of the principal enactment
Section 25 of the principal enactment is hereby amended as follows:-
by the substitution, in subsection (1) of that section, for all the words from “may be specified in the order,”
to the words “exceeding one month.”, of the following words:-
“may be specified in the Order:
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Provided however, in the case of a child who has attained the age of sixteen years or above, the provisions of subsection (2) and (3) of section 23
shall mutatis mutandis apply to and in relation to such child.”; and
by the substitution, in subsection (2) of that section, for the words and figures “under section 28(1) or section 29(1).”, of the words and figures “under section 28(1).”.
s 10Amendment of section 26 of the principal enactment
Section 26 of the principal enactment is hereby amended as follows:-
by the substitution, in subsection (1) of that section, for the words “a child who has attained the age of twelve years or a young person”, of the words “a child who has attained the age of twelve years”;
by the substitution, in subsection (2) of that section, for the words and figures “under section 28(1) or section 29(1).”, of the words and figures “under section 28(1).”; and
by the substitution, in the marginal note to that section, for the words “a child or young offender” of the words “a child offender”.
s 11Amendment of section 27 of the principal enactment
Section 27 of the principal enactment is hereby amended as follows:-
by the substitution, in subsection (2) of that section, for the words and figures “under section 28(1) or section 29(1).”, of the words and figures “under section 28(1).”; and
by the substitution, in the marginal note to that section, for the words “child or young offender” of the words “child offender”.
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s 12Amendment of section 28 of the principal enactment
Section 28 of the principal enactment is hereby amended, by the repeal of subsection (2) of that section.
s 13Repeal of section 29 of the principal enactment
Section 29 of the principal enactment is hereby repealed.
s 14Amendment of section 30 of the principal enactment
Section 30 of the principal enactment is hereby amended, by the substitution for the words and figures
“sections 25 to 29,” of the words and figures “sections 25 to 28,”.
s 15Amendment of section 31 of the principal enactment
Section 31 of the principal enactment is hereby amended in the marginal note to that section, by the substitution for the words “child or young offender” of the words “child offender”.
s 16Amendment of section 32 of the principal enactment
Section 32 of the principal enactment is hereby amended as follows:-
by the repeal of paragraph (b) of that section and the substitution therefor of the following paragraph:-
“(b) a child who has attained the age of sixteen years or above who has been ordered to be detained in a training school for youthful offenders and pardoned by the President on condition of his agreeing to undergo training in a school,”;
in the proviso to that section-
by the substitution, in paragraph (a) of that proviso, for the word “person”, of the word
“child”; and
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by the substitution, in paragraph (b) of that proviso, for the words “a young person”, of the words “a child”; and
in the marginal note to that section, by the substitution for the words “children and young offenders”, of the words “child offenders”.
s 17Replacement of section 42 of the principal enactment
Section 42 of the principal enactment is hereby repealed and the following section is substituted therefor: -
42. Where a court orders a child to be sent to an approved or certified school, the order shall specify the duration of stay which shall not be more than three years and be an authority for such child’s detention in such approved or certified school, as the case may be, until the expiration of such period as is specified in such order.”.
s 18Amendment of section 43 of the principal enactment
Section 43 of the principal enactment is hereby amended in the marginal note to that section, by the substitution for the words “children or young persons”, of the word “children”.
s 19Amendment of section 44 of the principal enactment
Section 44 of the principal enactment is hereby amended, by the substitution for the words “age of nineteen years:”, of the words “age of twenty one years:”.
s 20Amendment of section 45 of the principal enactment
Section 45 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words “not attained the age of fourteen years, until he attains the age of sixteen years.”, of the words “not attained the age of eighteen years, until he attains the age of twenty years.”.
“Duration of approved or certified school orders
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s 21Insertion of new section 51A in the principal enactment
The following new section is hereby inserted immediately after section 51 of the principal enactment and shall have effect as section 51A of the principal enactment:-
51A. (1) In every approved or certified school, there shall be-
a “primary section” in which children who have not attained the age of fifteen years shall be detained; and
a “secondary section” in which children who have attained the age of fifteen years but not attained the age of eighteen years shall be detained.
Where-
a Magistrate makes an order under section 26; or
the Minister makes an Order under section 32, committing a child to an approved or certified school, such order under section 26 or order under section 32 shall, at the time of commitment, specify whether the child should be committed to the primary section or the secondary section of such school, depending on the age of the child:
Provided however, the manager of such school shall transfer a child who is in the primary section, to the secondary section upon such child reaching the age of fifteen years.”.
“Every new approved or certified school to have primary and secondary sections
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s 22Amendment of section 55 of the principal enactment
Section 55 of the principal enactment is hereby amended in subsection (1) of that section as follows:-
by the substitution, in paragraph (a) of that subsection, for the words “(a) if he is”, of the words
“(i) if he is”; and
by the substitution, in paragraph (b) of that subsection, for the words “(b) if he has”, of the words
“(ii) if he has”.
s 23Amendment of section 57 of the principal enactment
Section 57 of the principal enactment is hereby amended, by the substitution for the words “the expressions
“child” and “young person” mean”, of the words “the expression “child” means”.
s 24Amendment of section 71 of the principal enactment
Section 71 of the principal enactment is hereby amended, by the repeal of subsection (6) of that section.
s 25Amendment of section 72 of the principal enactment
Section 72 of the principal enactment is hereby amended as follows:-
by the substitution, in subsection (1) of that section, for all the words from “of a young person” to the words “Penal Code,”, of the words “of a child, causes or encourages the commission in respect of such child of any offence under section 345, 360A, 363, 364,
364A, 365 or 365B of the Penal Code or any offence under the Obscene Publications Ordinance (Chapter 30),”;
by the substitution, in subsection (2) of that section, for the words “in respect of a child or young person being a female, a person shall, if he has knowingly allowed her to consort with,” of the words “in respect of a child, a person shall, if he has knowingly allowed such child to consort with,”; and
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by the substitution, in the marginal note to that section, for the words “of girl under sixteen.”, of the words “of a child.”.
s 26Amendment of section 73 of the principal enactment
Section 73 of the principal enactment is hereby amended as follows:-
by the substitution for all the words from “care of a child” to the words “to reside”, of the words “care of a child allows that child to reside”; and
by the repeal of the marginal note to that section and the substitution therefor, of the following marginal note: -
“Allowing children to be in brothels.”.
s 27Amendment of section 74 of the principal enactment
Section 74 of the principal enactment is hereby amended by the repeal of the marginal note to that section and the substitution therefor, of the following marginal note:-
“Causing or procuring children to beg.”.
s 28Repeal of section 76 of the principal enactment
Section 76 of the principal enactment is hereby repealed.
s 29Amendment of section 80 of the principal enactment
Section 80 of the principal enactment is hereby amended by the repeal of subsection (3) of that section.
s 30Amendment of section 88 of the principal enactment
Section 88 of the principal enactment is hereby amended as follows:-
by the repeal of the definition of the expression
“child” and the substitution therefor of the following definition: -
“ “child” means a person under the age of eighteen years;”;
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by the insertion, immediately after the definition of the expression “scheduled offence”, of the following definition: -
“ “training school for youthful offenders” means a training school established under the
Youthful Offenders (Training Schools)
Ordinance (Chapter 25);”; and
by the repeal of the definition of the expression
“young person”.
s 31Sinhala text to prevail in case of inconsistency
In the event of any inconsistency between the
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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